Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 215

Conduct of proceedings in Family Division

    (1)     The Family Division

        (a)     must conduct proceedings before it in an informal manner; and

        (b)     must proceed without regard to legal forms; and

S. 215(1)(c) repealed by No. 52/2013 s. 9.

    *     *     *     *     *

        (d)     may inform itself on a matter in such manner as it thinks fit, despite any rules of evidence to the contrary.

    (2)     The Attorney-General may appear or be represented in any proceeding before the Family Division and may call and examine or cross-examine witnesses and make submissions.

    (3)     Despite anything to the contrary in this or any other Act, the Secretary or his or her delegate, in the capacity of being a party to any proceeding before the Family Division whether as a protective intervener or otherwise, may appear—

        (a)     personally; or

        (b)     by a legal practitioner; or

        (c)     by an employee of the public service (whether or not admitted as a barrister and solicitor of the Supreme Court) who is authorised by the Secretary to appear in proceedings before the Family Division.

    (4)     An authorisation under subsection (3)(c)—

        (a)     must be made by instrument;

        (b)     may be of a particular employee or of a class of employees;

        (c)     may be subject to any conditions or limitations that the Secretary may specify in it.

    (5)     For the purposes of sections 226(4)(b), 226(4)(c) and 537(4), an employee representing a party in accordance with subsection (3)(c) must be taken to be that party's legal practitioner or legal representative.

    (6)     Nothing in subsection (3) affects any right of the Secretary or his or her delegate to appear in any other matter in the Court personally or by a legal practitioner .

S. 215(7) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 7.3).

    (7)     Nothing in subsection (1)(d) prevents the application of Part 3.10 of the Evidence Act 2008 .

S. 215A inserted by No. 52/2013 s. 10.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback